WYOMING

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WYOMING STATUTES

Prepared by: Craig R. Altman – President, TRADITION SOFTWARE, INC.

Both General/Prime Contractors and Subcontractors in WYOMING have mandatory 1st notices they must deliver at the start of a construction related improvement. WYOMING Statutes § 29-2-110 mandate that a Notice To Owner must be served by the Prime Contractor or Subcontractor to the Owner within thirty (30) days after first furnishing construction related labor, professional services, materials, machinery, fixtures or tools to a jobsite. Furthermore, on all private (commercial or residential) projects where the General/Prime Contractor’s contract is for $50,000 or greater, WYOMING Statutes § 29-2-111 mandate that a Notice Of Right To Claim A Lien must be served by Subcontractor or materialman to the General/Prime Contractor within sixty (60) days after first furnishing construction related labor, professional services, materials, machinery, fixtures or tools to a private (commercial or residential) or public (city, county, state or authority) jobsite.

General/Prime/Sub Contractors (Private Projects):

WYOMING Statutes §§ 29-1-301; 29-2-106) mandate that you have 90 days (Subcontractors) or 120 days (General Contractors) to file a Lien Statement (Mechanic’s Lien) in the county at the County Clerks office where the project occurred after the last day labor was provided at a jobsite or materials were delivered. All legal parties must be notified by Certified Mail or personal delivery of the recorded Lien Statement. A Lien Statement must be perfected through a foreclosure action at the Superior Court in the county where the project is located within 180 days of the Lien Statement being recorded.

(A) A person employed by and contracting with an owner to improve an owner’s property including:

(I) An architect;

(II) A professional engineer; and

(III) A surveyor.

(ii) Furnish includes selling or renting;

(iii) Improve or improvement means:

(A) Demolition, erection, alteration or repair of any property for its permanent benefit;

(B) Any work performed or material furnished for the permanent change of any real property; and

(C) Materials manufactured pursuant to contract.

(iv) Lien claimant means any person who claims a lien under this title pursuant to a contract for improvement of property entered into by an owner of the property;

(v) Owner as used in this act means:

(A) With respect to construction liens: any person with a legal or equitable interest in the property to be changed, altered or improved, for whose use or benefit any improvement shall be made or any materials furnished;

(B) With respect to mines, quarries, oil, gas or other wells: a person holding any interest in the legal or equitable title, or both, to any leasehold for oil or gas purposes and purchasers under executory contract, receivers and trustees;

(C) With respect to ditches, canals and reservoirs: a person holding any interest in the legal or equitable title to any ditch, canal or reservoir including rights-of-way, water permits, ditch rights and related easements of any type or kind. Owner includes purchasers under executory contract, receivers and trustees.

(vi) Subcontractor or materialman means a person other than a contractor performing work or furnishing materials to an owner or a contractor under contract;

(vii) Work shall be as requested, authorized or ratified under contract.

(b) Only the following agency relationships are presumed in this title:

(i) If any spouse enters into a contract for the performance of any work or the furnishing of any materials for the benefit of the property of the other spouse for which a lien is provided by this title, the spouse contracting for the work shall be presumed to be the agent of the spouse owning the property;

(ii) Between joint tenants;

(iii) Among tenants in common; and

(iv) An employee is an agent of his employer.

ARTICLE 3 PRACTICE AND PROCEDURE

29-1-301 Statement of Lien, Contents, Notice

(a) In order to have a perfected lien pursuant to this title, a lien claimant shall file with the county clerk a lien statement sworn to before a notary public. The county clerk shall file the statement and index by date, name of claimant and property owner, and legal description.

(b) The lien statement and the abstracts shall contain as appropriate the following information:

(i) The name and address of the person seeking to enforce the lien;

(ii) The amount claimed to be due and owing;

(iii) The name and address of the person against whose property the lien is filed;

(iv) An itemized list setting forth and describing materials delivered or work performed;

(v) The name of the person against whom the lien claim is made;

(vi) The date when labor was last performed or services were last rendered or the date when the project was substantially completed;

(vii) The legal description of the premises where the materials were furnished or upon which the work was performed; and

(viii) A copy of the contract, if available.

(c) Notice shall be given to the last known owner in the case of a real estate lien by certified mail and made by the lien claimant promptly after the lien statement is filed.

(d) As a fee for filing a lien statement, the county clerk shall collect from the lien claimant the same fee as provided by W.S. 18-3-402.

(e) The fee may be assessed as costs in any action to foreclose the lien.

29-1-302 Statement of Satisfaction

Whenever any debt which is a lien pursuant to this title is paid and satisfied, the lien claimant shall file notice of satisfaction of the lien statement in the office of the county clerk of any county in which the lien is filed.

29-1-303 Failure to Enter Satisfaction, Penalties

In addition to any actual damages, any creditor refusing or neglecting to enter satisfaction within thirty(30) days after payment as provided by W.S29-1-302 and after having received by certified or registered mail a request in writing for the entering of satisfaction is liable for damages of not less than one-tenth of one percent (.10%) of the original principal amount of the debt per day until such time as the lien claimant enters satisfaction. The additional damages authorized by this section shall not exceed one hundred dollars ($100.00) per day.

29-1-304 Procedure

In any action to foreclose a lien the Wyoming Rules of Civil Procedure shall govern.

29-1-305 Priorities, Deficiencies

(a) Except as provided in this section the liens provided by this title shall be on an equal footing without reference to the date of the filing of the lien statement.

(b) Any lien perfected as provided by this title attaches to the materials, machinery or supplies furnished and improvements made in preference to any subsequent lien, security interest or mortgage under any other provision of law which has been perfected upon real or personal property, including a leasehold interest, against which the lien is claimed.

(c) Any lien, security interest or mortgage which has been perfected upon real or personal property or upon a leasehold interest prior to the commencement of any construction work or repair of the premises or property except as provided by chapter 7 of this title shall have priority.

(d) Where a sale is ordered by the court on foreclosure of any lien provided by this title and the proceeds from the sale are insufficient to discharge in full all of the liens, the proceeds shall be prorated among the several lien claimants according to the amounts of their respective claims.

29-1-306 Cessation of Work

(a) All work performed or materials furnished by a person entitled to a liens provided by this title shall be considered as having been done under the same contract unless:

(i) For a contractor, more than one hundred eighty (180) days elapse from the date of the performance of any work or the furnishing of any materials and the date when work or materials are next performed or furnished; or

(ii) For any person not a contractor claiming relief under this title more than ninety (90) days elapse as provided in paragraph (a)(i) of this subsection.

29-1-307 Notice of Suit

The holder of any prior perfected lien upon the land or the leasehold interest is entitled to notice in suits to foreclose the lien. A foreclosure proceeding shall not be rendered invalid by failure to give the notice required by this section.

29-1-308 Remedies

The remedies provided by this title are not exclusive.

29-1-309 Recording Fees

The county clerk shall be paid the same fees as provided by W.S. 18-3-402 for filing and recording all papers under this title.

29-1-310 Release Bond, Filing, Contents

(a) Any lien created pursuant to Title 29 filed against any property, personalty or realty is satisfied if the owner of the property, a contractor or subcontractor has filed a corporate surety bond, letter of credit, cash or cash equivalent of established value approved by the district court in the county where the lien was filed in an amount equal to one and one-half (1 1/2) times the amount of the lien.

(b) The bond shall guarantee that if the lien claimant is finally adjudged to be entitled to recover upon the lien, the principal or his sureties, jointly and severally, shall pay the claimant the amount of and [the] judgment for at least the amount for which the lien was filed plus costs.

(c) The bond may be filed any time prior to a final judgment in an action to foreclose the lien.

(d) The bond shall be filed with the clerk of the district court in the county where the lien was filed.

(e) Upon the filing of the bond, the lien against the property shall be forthwith discharged and released in full, and the security described in subsection (a) of this section shall be substituted. The clerk of court shall issue a notice of satisfaction of lien which the owner, contractor or subcontractor may file in the office of the county clerk where the lien was filed which shall show that the lien has been satisfied.

(f) A lien claimant whose lien has been satisfied by the substitution of the security described in subsection (a) of this section may bring an action upon the bond or undertaking. The action shall be commenced within the time allowed for the commencement of an action to foreclose the lien.

(a) Any claim of lien against a federal, state or local official or employee based on the performance or nonperformance of that official’s or employee’s duties shall be invalid unless accompanied by a specific order from a court of competent jurisdiction authorizing the filing of the lien or unless a specific statute authorizes the filing of the lien.

(b) Any person whose real or personal property is subject to a recorded claim of lien who believes the claim of lien is invalid under subsection (a) of this section, was forged, or that the person claiming the lien knew at the time of filing the lien was groundless, contained a material misstatement or false claim, may petition the district court of the county in which the claim of lien has been recorded for the relief provided in this subsection. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or his attorney setting forth a concise statement of the facts upon which the motion is based. The clerk of court shall assign a cause number to the petition and obtain from the petitioner a filing fee of thirty-five dollars($35.00). Upon the filing of the petition the following shall apply:

(i) The court may enter its order, which may be granted ex parte, directing the person claiming the lien to appear before the court at a time no earlier than six (6) nor later than fifteen (15) days following the date of service of the petition and order on the person claiming the lien, and show cause, if any, why the relief provided in this subsection should not be granted;

(ii) The order shall clearly state that if the person claiming the lien fails to appear at the time and place noted, the claim of lien shall be stricken and released, and that the person claiming the lien shall be ordered to pay damages of at least one thousand dollars ($1,000.00) or actual damages, whichever is greater, and the costs incurred by the petitioner, including reasonable attorneys’ fees;

(iii) The order and petition shall be served upon the person claiming the lien by personal service, or, where the court determines that service by mail is likely to give actual notice, the court may order that service be made by mailing copies of the petition and order to the person claiming the lien at his last known address or any other address determined by the court to be appropriate. Two (2) copies shall be mailed, postage prepaid, one by ordinary first class mail and the other by a form of mail requiring a signed receipt showing when and to whom it was delivered. The envelopes shall bear the return address of the sender;

(iv) If, following a hearing on the matter the court determines that the claim of lien is invalid under subsection (a) of this section, was forged or that the person claiming the lien knew at the time of filing the lien was groundless or contained a material misstatement or false claim, the court shall issue an order striking and releasing the claim of lien and awarding damages of one thousand dollars ($1,000.00) or actual damages, whichever is greater, costs and reasonable attorneys’fees to the petitioner to be paid by the person claiming the lien;

(v) If the court determines that the claim of lien is valid, the court shall issue an order so stating and shall award costs and reasonable attorneys’ fees to the person claiming the lien to be paid by the petitioner.

(c) Any person who offers to have recorded or filed a forged or groundless lien in violation of this section with the intent to threaten, harass or intimidate a public official or employee in the performance or nonperformance of his official dutiesis guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

CHAPTER 2 CONTRACTORS, MATERIALMEN

29-2-101 Property Affected by Lien

(a) Except as provided in W.S. 29-2-111, every person performing any work on or furnishing any materials or plans for any building or any improvement upon land shall have for his work done or plans or materials furnished a lien upon the building or improvements, and upon the land of the owner on which they are situated to the extent of one (1) acre. If the improvements cover more than one(1) acre the lien shall extend to all the additional land covered thereby.

(b) To have a lien the work or materials shall be furnished under a contract.

(c) Notwithstanding subsection (a) of this section if the land subject to alien is located in any city, town or subdivision the lien shall extend to the entire lot upon which the building or improvement is located.

29-2-102 Interest Affected by Lien

Any lien properly perfected shall extend to the entire interest of the owner.

29-2-103 Sale, Removal

Any person enforcing the lien provided by this chapter may have the building improvements sold under execution. However, if any party establishes that the land, after removal of the improvement, would be in the same or similar condition as prior to the performance of the work for which the lien is claimed the court may authorize the removal of the improvement. The party foreclosing the lien may be entitled to reasonable costs for removing any improvement or for restoring the property to its original condition.

29-2-104 Leasehold

(a) Every building or improvement or any material furnished for use upon any leased property shall subject the leasehold interest to the lien provided by this chapter.

(b) A lien claimant may:

(i) Proceed to foreclose a lien upon the leasehold subject to the limitations of W.S. 29-2-101(a),

(b) and (c); or

(ii) Seek an order from the court for removal of any improvement. Upon establishing that the property will be in the same or similar condition as prior to the performance of the work for which the lien is claimed, the court may authorize the removal. The party foreclosing the lien may be entitled to reasonable costs for removing any improvements or for restoring the property to its previous condition.

29-2-105 Improvements by Tenant

(a) Notwithstanding the definition of owner, if a tenant places any improvements either within or on the outside of any building or on the land on which the building stands, the person doing any work or furnishing any material for the purpose of the improvement shall have a lien upon the building and land as provided by this chapter if:

(i) The landlord has agreed to pay the costs of the improvement; or

(ii) The improvements are specifically authorized by the landlord.

29-2-106 Lien Statement, Time, Extension

(a) Every contractor shall file his lien statement within one hundred twenty (120) days and every other person shall file within ninety (90) days:

(i) After the last day when work was performed or materials furnished under contract; or

(ii) From the date the work was Substantially completed or substantial completion of the contract to furnish materials, whichever is earlier; or

(iii) With respect to an employee or subcontractor, after the last day he performed work at the direction of his employer or contractor.

(b) No contract made between the owner and the contractor shall be construed to affect or restrict the right of any subcontractor, journeyman or worker to file a lien.

(c) Any party to a contract for which a lien may be filed may agree to an extension of the time within which the lien may be filed. The time agreed upon may not exceed twice the time within which the lien would have to be filed in accordance with subsection (a) of this section. The agreement shall be acknowledged before a notary public and signed by the owner, the contractor and any other parties to the contract before it is valid. The agreement shall be filed with and recorded by the county clerk in the manner provided by W.S. 29-1-301 for a lien statement. The lien rights of persons not signing the agreement are not affected by it.

29-2-107 Preliminary Notice

Before filing a lien pursuant to this chapter every person shall give ten(10) days notice to the owner or his agent in writing of any claim against a building or an improvement or for materials furnished stating the amount of any claim and from whom it is due.

29-2-108 Contractor to Defend, Withhold

The contractor shall defend any action brought by his employee, subcontractors hired by the contractor, their employees or by any suppliers of materials provided under contract in accordance with this chapter at his own expense. During the pendency of the action the owner or his agent may withhold from the contractor the amount of money for which a lien is filed. If judgment is rendered against the owner or his property on the lien foreclosure, he may deduct from any amount due to the contractor the amount of the judgment and costs. If the owner has paid the contractor in full he may recover from the contractor any amount paid by the owner for which the contractor was originally liable.

29-2-109 Limitations

All actions to foreclose or enforce a lien under this chapter shall be commenced within one hundred eighty(180) days after the filing of the lien statement. No lien shall continue to exist except by virtue of the provisions of this chapter for more than
one hundred eighty (180) days after the lien is filed unless an action to foreclose the lien is instituted.

29-2-110 Notice to Owner, Condition to Lien

(a) Every prime contractor or subcontractor shall give to the owner or his agent, within thirty (30) days of providing any materials or services by the contractor or subcontractor governed by this chapter a written notice which shall be receipted by the owner or his agent and include the following language in ten point bold type:

NOTICE TO OWNER

FAILURE OF THIS PRIME CONTRACTOR OR SUBCONTRACTOR TO PAY THOSEPERSONS SUPPLYING MATERIALS OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO W.S. 29-2-101 THROUGH 29-2-110. TO AVOID THIS RESULT, WHEN PAYING FOR LABOR AND MATERIALS YOU MAY ASK THIS PRIME CONTRACTOROR SUBCONTRACTOR FOR LIEN WAIVERS FROM ALL PERSONS SUPPLYING MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIALS TWICE.

(b) This section applies to the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the prime contractor or subcontractor for the purpose of payment to the subcontractors or suppliers of materials or services to the job if:

(i) The property is an existing single-family dwelling unit;

(ii) The property is a residence constructed by the owner or under a contract entered into by the owner prior to its occupancy as his primary residence; or

(iii) The property is a single-family, owner-occupied dwelling unit, including a residence constructed and sold for occupancy as a primary residence. This paragraph shall not apply to a developer or builder of multiple residences.

(c) Compliance with this section is a condition precedent to establishing alien in favor of the prime contractor or subcontractor under this chapter.

(d) Notice by any contractor or subcontractor which complies with this section relieves any remaining contractors or subcontractors under the same contract of any obligations under this section.

29-2-111 Notice by Subcontractor or Materialman, Posting

(a) Any subcontractor or materialman who may claim a lien under this title shall give notice of his right to claim a lien to the prime contractor. Failure to give notice to a prime contractor who has complied with subsections (f) and (g) of this section waives the subcontractor or materialman’s right to a lien.

(b) The notice of the right to claim a lien shall be given no later than sixty (60) days after the date on which services or materials are first furnished.

(c) The notice of the right to claim a lien shall be sent to the prime contractor by certified mail or delivered to and receipted by the prime contractor or his agent. Notice by certified mail is effective on the date the notice is mailed.

(d) The notice shall be in writing and shall state that it is a notice of a right to claim a lien against the buildings or improvements or upon the real estate for services or materials furnished. The notice shall be signed by the subcontractor or materialman and shall include the following information:

(i) The subcontractor’s or materialman’s name, address and phone number and the name of a contact person;

(ii) The name and address of the subcontractor’s or materialman’s vendor; and

(iii) The type or description of the materials or services to be provided.

(e) This section shall only apply where the prime contractor’s contract is for fifty thousand dollars ($50,000.00) or more.

(f) The prime contractor shall post on the construction site a prominent sign citing this section and stating that any subcontractor or materialman shall give notice to the prime contractor of the right to claim lien and that failure to provide the notice shall waive the subcontractor or materialman’s right to a lien.

(g) The owner or his agent shall provide written notice of the information required by this section in the project specifications.